
Whitman/Asotin
County
Child Care Resource
& Referral
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Exemptions for Child Care Licensing
According to the Revised Code of Washington (Revised Code of Washington 74.15.020 (4) persons, agencies or organizations are exempt and not subject to licensing if they include the following:
1. Persons related to the child in the following ways:
a. Any blood relative, including those of half-blood, and including first cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great;
b. Stepfather, stepmother, stepbrother, stepsister;
c. Persons who legally adopted a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law;
d. Spouse of any persons named in 1. a, b, and c of this subsection, even after the marriage is terminated;
e. "Extended family members," as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, a person who has reached the age of eighteen (18) and who is the Indian child's grandparent, aunt or uncle, bother or sister, brother-in-law or sister-in- law, niece or nephew, first or second cousin, or stepparent who provide care in the family abode on a twenty-four (24) hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4);
2. Persons who are legal guardians of the child;
3. Persons who care for a neighbor's or friend's child or children, with or without compensation, where
a. Care is provided for less than twenty-four (24) hours; and
b. Such activity is not conducted on an ongoing, regularly scheduled basis for the purpose of engaging in business, which includes, but is not limited to advertising such care.
c. For the purpose of this section,1) "Advertising" means attempting to solicit child care clients, either directly or indirectly, through written or electronic means;
2) "Engaging in business" shall exclude those persons providing child care for only one (1) family of children or who can demonstrate that their gross earnings from child care will not exceed one thousand dollars ($1,000) in any one (1) calendar quarter or year consistent with the Internal Revenue Services' earning standard for tax liability related to household employees;
3) "Friend" means someone with whom the care provider had a personal relationship prior to the time care was sought, offered or provided;
4) A relationship by virtue to living in close proximity to the person;
5) "Ongoing" means that care is provided for a number of consecutive weeks or months or there is no specific time frame for ending child care;
6)"Regularly Scheduled" means that the child comes at usually planned times and/or days and/or the provider makes her/himself available to provide care at fixed or planned intervals;
4. Parents on mutually cooperative bases exchange care of one another's children;
5. Persons who have the care of an exchange student in their home;
6. Nursery schools or kindergartens which are engaged primarily in educational work with preschool children and in which no child is enrolled on a regular basis for more than four (4) hours per day;
7. Schools, including boarding schools, which are engaged primarily in education, operate on a definite school-year schedule, follow a stated academic curriculum, accept only school-age children and do not accept custody of children;
8. Seasonal camps of three (3) months or less duration engaged primarily in recreational of educational activities;
9. Facilities providing care to children for periods of less than twenty-four (24) hours whose parents remain on the premises to participate in activities other than employment;
10. A child day care home or center operated by any unit of local, State, or Federal Government or an agency, located within the boundaries of a federally recognized reservation, licensed by the Indian Tribe; and
11. A child day care home or center located on a Federal Military reservation, except where the military authorities request that such facility be subject to licensing requirements.